Euro-PCT : no priority document

· Euro-PCT,priority,priority document,PCT,EPC

Question

You have timely requested the USPTO acting as Receiving Office to prepare and transmit the priority document to the International Bureau by crossing the relevant box in the PCT request form and paying the prescribed fee. Upon entry into the European phase, the priority document has been furnished neither to the International Bureau nor to the EPO.

What are the consequences for substantive examination?

Proposed Reply

Remember to subscribe to receive the updates directly by email!

The EPO shall not request that you provide the priority document, Rule 17.2 (a) PCT (exception to Rule 163(2) EPC), since the requirements of Rule 17.1 (b) PCT (request timely, i.e. not later than 16 months and payment of the fee) are fulfilled.